Terms of Service 2
-
Upload
harry-harrison -
Category
Documents
-
view
11 -
download
1
description
Transcript of Terms of Service 2
Date of Last Revision: 26th June, 2015.
Welcome to Deliveree package delivery!
Deliveree Ltd. ("Deliveree", "Deliveree", "we", "us" and/or "our") provides its
services (described below) to you ("Subscriber") through its website located at
www.deliveree.co (the "Site") and through its mobile applications and related
services (collectively, such services, including any new features and
applications, and the Site, the "Service(s)"), subject to the following Terms of
Service (as amended from time to time, these "Terms of Service"). Deliveree
reserves the right, at our sole discretion, to change or modify portions of
these Terms of Service at any time. Amendments made by Deliveree will be
immediately effective upon posting of such updated Terms at this location.
After such posting, continued use of Deliveree’s services constitutes your
consent to be bound by the Terms, as amended. Notification necessity of any
amendments will be the sole discretion of Deliveree.
In addition, when using certain services, you will be subject to any additional
terms applicable to such services that may be posted on the Service from
time to time, including, without limitation, the Privacy Policy located at
www.deliveree.co/privacy. All such terms are hereby incorporated by
reference into these Terms of Service.
Access and Use of the Service
Services Description: The Service is designed to provide customers with on-
demand package delivery until midnight.
Shipment Terms : Certain terms and conditions related to the shipping,
handling and delivery of your packages, and related billing terms, are located
at www.deliveree.co/terms (the "Shipment Terms"). The Shipment Terms are
part of these Terms of Service and are hereby incorporated by reference
herein. Any such changes to the Shipment Terms will be effective and binding
on you as a change to these Terms of Service.
Your Registration Obligations: You may be required to register with
Deliveree in order to access and use certain features of the Service. If you
choose to register for the Service, you agree to provide and maintain true,
accurate, current and complete information about yourself as prompted by
the Service’s registration form. Registration data and certain other
information about you are governed by our Privacy Policy. If you are under 13
years of age, you are not authorized to use the Service, with or without
registering. In addition, if you are under 18 years old, you may use the
Service, with or without registering, only with the approval of your parent or
guardian.
Member Account, Password and Security: You are responsible for
maintaining the confidentiality of your password and account, if any, and are
fully responsible for any and all activities that occur under your password or
account. You agree to (a) immediately notify Deliveree of any unauthorized
use of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session when
accessing the Service. Deliveree will not be liable for any loss or damage
arising from your failure to comply with this Section.
Modifications to Service: Deliveree reserves the right to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Deliveree will not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
Mobile Services: The Service includes certain services that are available via
a mobile device, including (i) the ability to upload content to the Service via a
mobile device, (ii) the ability to browse the Service and the Site from a mobile
device and (iii) the ability to access certain features through an application
downloaded and installed on a mobile device (collectively, the "Mobile
Services"). To the extent you access the Service through a mobile device,
your wireless service carrier’s standard charges, data rates and other fees
may apply. In addition, downloading, installing, or using certain Mobile
Services may be prohibited or restricted by your carrier, and not all Mobile
Services may work with all carriers or devices. By using the Mobile Services,
you agree that we may communicate with you regarding Deliveree and other
entities by SMS, MMS, text message or other electronic means to your mobile
device and that certain information about your usage of the Mobile Services
may be communicated to us. In the event you change or deactivate your
mobile telephone number, you agree to promptly update your Deliveree
account information to ensure that your messages are not sent to the person
that acquires your old number.
Conditions of Use
User Conduct: You agree to not use the Service to:
a) interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; or
b) violate any applicable local, state, national or international law, or any
regulations having the force of law;
c) impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d) or further or promote any criminal activity or enterprise.
Fees: To the extent the Service or any portion thereof is made available for
any fee, you will be required to select a payment plan and provide Deliveree
information regarding your credit card or other payment instrument. You
represent and warrant to Deliveree that such information is true and that you
are authorized to use the payment instrument. You will promptly update your
account information with any changes (for example, a change in your billing
address or credit card expiration date) that may occur. You agree to pay
Deliveree the amount that is specified in the payment plan in accordance with
the terms of such plan and this Terms of Service. You hereby authorize
Deliveree to bill your payment instrument in advance on a periodic basis in
accordance with the terms of the applicable payment plan until you terminate
your account, and you further agree to pay any charges so incurred. If you
dispute any charges you must let Deliveree know within sixty (60) days after
the date that Deliveree invoices you. We reserve the right to change
Deliveree’s prices. If Deliveree does change prices, Deliveree will provide
notice of the change on the Site or in email to you, at Deliveree’s option, at
least 30 days before the change is to take effect. Your continued use of the
Service after the price change becomes effective constitutes your agreement
to pay the changed amount. You shall be responsible for all taxes associated
with the Services other than U.K. taxes based on Deliveree’s net income.
Fair Use Policy: In order to avoid disruption in Deliveree’s operations and to
protect the quality of services offered to the company’s customers, a fair
usage policy shall be applicable to the unlimited delivery option for Silver
and/or Gold members. Deliveree reserves the right, at its sole discretion, to
determine which subscribers are in violation of its fair use policy.
Deliveree may offer "unlimited" delivery services for various subscription
plans. The term "unlimited" shall mean that no specific predetermined limit is
imposed with regard to number of deliveries scheduled. Deliveree reserves
the right to monitor packages scheduled within its unlimited delivery plan
members, and impose reasonable package limits in said plans in regard to its
Fair Use Policy. Subscribers found to be in violation of Deliveree’s Fair Use
Policy will no longer be eligible for unlimited delivery subscriptions, and may
be offered an alternative delivery plan option.
Special Notice for International Use; Export Controls: Software (defined
below) available in connection with the Service and the transmission of
applicable data, if any, is subject to United Kingdom export controls. No
Software may be downloaded from the Service or otherwise exported or re-
exported in violation of U.K export laws.
Apple-Enabled Software Applications
Deliveree offers Software applications that are intended to be operated in
connection with products made commercially available by Apple Inc.
("Apple"), among other platforms. With respect to Software that is made
available for your use in connection with an Apple-branded product (such
Software, "Apple-Enabled Software"), in addition to the other terms and
conditions set forth in these Terms of Service, the following terms and
conditions apply:
Deliveree and you acknowledge that these Terms of Service are
concluded between Deliveree and you only, and not with Apple, and
that as between Deliveree and Apple, Deliveree, not Apple, is solely
responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in
violation of or inconsistent with the Usage Rules set forth for Apple-
Enabled Software in, or otherwise be in conflict with, the App Store
Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-
transferable license to use the Apple-Enabled Software on an iOS
Product that you own or control, as permitted by the Usage Rules set
forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or
support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or
implied by law. In the event of any failure of the Apple-Enabled
Software to conform to any applicable warranty, you may notify Apple,
and Apple will refund the purchase price for the Apple-Enabled
Software to you, if any; and, to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation
whatsoever with respect to the Apple-Enabled Software, or any other
claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty, which will be Deliveree’s sole
responsibility, to the extent it cannot be disclaimed under applicable
law.
Deliveree and you acknowledge that Deliveree, not Apple, is
responsible for addressing any claims of you or any third party relating
to the Apple-Enabled Software or your possession and/or use of that
Apple-Enabled Software, including, but not limited to: (i) product
liability claims; (ii) any claim that the Apple-Enabled Software fails to
conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or
the end-user’s possession and use of that Apple-Enabled Software
infringes that third party’s intellectual property rights, as between
Deliveree and Apple, Deliveree, not Apple, will be solely responsible for
the investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that
is subject to a U.K Government embargo, or that has been designated
by the U.K Government as a "terrorist supporting" country; and (ii) you
are not listed on any U.K Government list of prohibited or restricted
parties.
If you have any questions, complaints or claims with respect to the
Apple-Enabled Software, they should be directed to Deliveree as
follows:
Deliveree and you acknowledge and agree that Apple, and Apple’s
subsidiaries, are third party beneficiaries of these Terms of Service with
respect to the Apple-Enabled Software, and that, upon your acceptance of the
terms and conditions of these Terms of Service, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms of Service
against you with respect to the Apple-Enabled Software as a third party
beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree
that the Service may contain content or features ("Service Content") that are
protected by copyright, patent, trademark, trade secret or other proprietary
rights and laws. Except as expressly authorized by Deliveree, you agree not to
modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Service Content, in whole or in
part, except that the foregoing does not apply to your own User Content (as
defined below) that you legally upload to the Service. Any use of the Service
or the Service Content other than as specifically authorized herein is strictly
prohibited. The technology and software underlying the Service or distributed
in connection therewith are the property of Deliveree, our affiliates and our
partners (the "Software"). You agree not to copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, or otherwise transfer any right in the
Software. Any rights not expressly granted herein are reserved by Deliveree.
The Deliveree name and logos are trademarks and service marks of Deliveree
(collectively the "Deliveree Trademarks"). Nothing in this Terms of Service or
the Service should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of Deliveree Trademarks displayed
on the Service, without our prior written permission in each instance. All
goodwill generated from the use of Deliveree Trademarks will inure to our
exclusive benefit.
User Content Transmitted Through the Service: With respect to the
content or other materials you upload through the Service or share with other
users or recipients (collectively, "User Content"), you represent and warrant
that you own all right, title and interest in and to such User Content, including,
without limitation, all copyrights and rights of publicity contained therein. By
uploading any User Content you hereby grant and will grant Deliveree and its
affiliated companies a nonexclusive, worldwide, royalty free, fully paid up,
transferable, sublicensable, perpetual, irrevocable license to copy, display,
upload, perform, distribute, store, modify and otherwise use your User
Content in connection with the operation of the Service or the promotion,
advertising or marketing thereof.
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Service ("Submissions"),
provided by you to Deliveree are non-confidential and Deliveree will be
entitled to the unrestricted use and dissemination of these Submissions for
any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You acknowledge and agree that Deliveree may preserve content and may
also disclose content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process, applicable laws or government requests; (b) enforce these
Terms of Service; (c) respond to claims that any content violates the rights of
third parties; or (d) protect the rights, property, or personal safety of
Deliveree, its users and the public. You understand that the technical
processing and transmission of the Service, including your content, may
involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Deliveree respects the intellectual property of
others, and we ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, or that your
intellectual property rights have been otherwise violated, you should notify
Deliveree of your infringement claim in accordance with the procedure set
forth below.
Deliveree will process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act ("DMCA")
and other applicable intellectual property laws with respect to any alleged or
actual infringement. A notification of claimed copyright infringement should
be emailed to Deliveree’s Copyright Agent at [email protected] (Subject line:
"DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following
information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
a description of the copyrighted work or other intellectual property that
you claim has been infringed;
a description of where the material that you claim is infringing is
located on the Service, with enough detail that we may find it on the
Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright or intellectual property owner,
its agent, or the law;
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
Counter-Notice : If you believe that your User Content that was removed (or
to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner’s agent, or
pursuant to the law, to upload and use the content in your User Content, you
may send a written counter-notice containing the following information to the
Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access
has been disabled and the location at which the content appeared
before it was removed or disabled;
a statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and
your name, address, telephone number, and email address, a
statement that you consent to the jurisdiction of the federal court
located within Northern District of California and a statement that you
will accept service of process from the person who provided notification
of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Deliveree will send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court
order against the content provider, member or user, the removed content
may be replaced, or access to it restored, in 10 to 14 business days or more
after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy : In accordance with the DMCA and other applicable
law, Deliveree has adopted a policy of terminating, in appropriate
circumstances and at Deliveree's sole discretion, users who are deemed to be
repeat infringers. Deliveree may also at its sole discretion limit access to the
Service and/or terminate the memberships of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to
other sites and resources on the Internet. Deliveree has no control over such
sites and resources and Deliveree is not responsible for and does not endorse
such sites and resources. You further acknowledge and agree that Deliveree
will not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any content, events, goods or services available on or through any such site
or resource. Any dealings you have with third parties found while using the
Service are between you and the third party, and you agree that Deliveree is
not liable for any loss or claim that you may have against any such third
party.
Indemnity and Release
You agree to release, indemnify and hold Deliveree and its affiliates and their
officers, employees, directors and agent harmless from any from any and all
losses, damages, expenses, including reasonable attorneys’ fees, rights,
claims, actions of any kind and injury (including death) arising out of or
relating to your use of the Service (except as expressly set forth in the
Shipment Terms), any User Content, your violation of these Terms of Service
or your violation of any rights of another. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor." If you are a resident
of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
EXCEPT AS SET FORTH IN THE SHIPMENT TERMS, THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. DELIVEREE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT. DELIVEREE MAKES NO WARRANTY THAT (I) THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR (II) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DELIVEREE WILL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF DELIVEREE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE
USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER
RELATING TO THE SERVICE. EXCEPT AS EXPRSSLY SET FORTH IN THE
SHIPMENT TERMS, IN NO EVENT WILL DELIVEREE’S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT
YOU HAVE PAID DELIVEREE IN THE LAST SIX (6) MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF
SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF
THE SERVICE.
Arbitration
At Deliveree’s or your election, all disputes, claims, or controversies arising
out of or relating to the Terms of Service or the Service that are not resolved
by mutual agreement may be resolved by binding arbitration to be conducted
before JAMS, or its successor. Unless otherwise agreed by the parties,
arbitration will be held in San Francisco,Californiabefore a single arbitrator
mutually agreed upon by the parties, or if the parties cannot mutually agree,
a single arbitrator appointed by JAMS, and will be conducted in accordance
with the rules and regulations promulgated by JAMS unless specifically
modified in the Terms of Service. The arbitration must commence within forty-
five (45) days of the date on which a written demand for arbitration is filed by
either party. The arbitrator’s decision and award will be made and delivered
within sixty (60) days of the conclusion of the arbitration and within six (6)
months of the selection of the arbitrator. The arbitrator will not have the
power to award damages in excess of the limitation on actual compensatory,
direct damages set forth in the Terms of Service and may not multiply actual
damages or award punitive damages or any other damages that are
specifically excluded under the Terms of Service, and each party hereby
irrevocably waives any claim to such damages. The arbitrator may, in his or
her discretion, assess costs and expenses (including the reasonable legal fees
and expenses of the prevailing part) against any party to a proceeding. Any
party refusing to comply with an order of the arbitrators will be liable for costs
and expenses, including attorneys’ fees, incurred by the other party in
enforcing the award. Notwithstanding the foregoing, in the case of temporary
or preliminary injunctive relief, any party may proceed in court without prior
arbitration for the purpose of avoiding immediate and irreparable harm. The
provisions of this arbitration section will be enforceable in any court of
competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if Deliveree
changes this ‘Arbitration’ section after the date you first accepted these
Terms of Service (or accepted any subsequent changes to these Terms of
Service), you may reject any such change by sending us written notice within
30 days of the date such change became effective, as indicated in the "Date
of Last Revision" date above or in the date of Deliveree’s email to you
notifying you of such change. By rejecting any change, you are agreeing that
you will arbitrate any dispute between you and Deliveree in accordance with
the provisions of this section as of the date you first accepted these Terms of
Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Deliveree, in its sole discretion, may suspend or terminate
your account (or any part thereof) or use of the Service, for any reason,
including, without limitation, for lack of use or if Deliveree believes that you
have violated or acted inconsistently with the letter or spirit of these Terms of
Service. Any suspected fraudulent, abusive or illegal activity that may be
grounds for termination of your use of Service, may be referred to appropriate
law enforcement authorities. Deliveree may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this Terms of Service may be effected without prior
notice, and acknowledge and agree that Deliveree may immediately
deactivate or delete your account and/or bar any further access to such files
or the Service. Further, you agree that Deliveree will not be liable to you or
any third party for any termination of your access to the Service.
Courier Disputes
You agree that you are solely responsible for your interactions with couriers
and Deliveree will have no liability or responsibility with respect thereto.
Deliveree reserves the right, but has no obligation, to become involved in any
way with disputes between you and any courier.
General
These Terms of Service constitute the entire agreement between you and
Deliveree and govern your use of the Service, superseding any prior
agreements between you and Deliveree with respect to the Service. You also
may be subject to additional terms and conditions that may apply when you
use affiliate or third party services, third party content or third party software.
These Terms of Service will be governed by the laws of the State of California
without regard to its conflict of law provisions. With respect to any disputes or
claims not subject to arbitration, as set forth above, you and Deliveree agree
to submit to the personal and exclusive jurisdiction of the state and federal
courts located within San Francisco County, California. The failure of Deliveree
to exercise or enforce any right or provision of these Terms of Service will not
constitute a waiver of such right or provision. If any provision of these Terms
of Service is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to
the parties’ intentions as reflected in the provision, and the other provisions of
these Terms of Service remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or these Terms of Service must
be filed within one (1) year after such claim or cause of action arose or be
forever barred. A printed version of this agreement and of any notice given in
electronic form will be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. You may not assign this Terms of
Service without the prior written consent of Deliveree, but Deliveree may
assign or transfer this Terms of Service, in whole or in part, without
restriction. The section titles in these Terms of Service are for convenience
only and have no legal or contractual effect. Notices to you may be made via
either email or regular mail. The Service may also provide notices to you of
changes to these Terms of Service or other matters by displaying notices or
links to notices generally on the Service.
Your Privacy
At Deliveree, we respect the privacy of our users. For details please see our
Privacy Policy. By using the Service, you consent to our collection and use of
personal data as outlined therein.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these
Terms of Service or to pose any questions regarding this Terms of Service or
the Service.